O-1: the O-3 visa for a spouse and children
The spouse and the children under 21 of an O-1 or O-2 holder may be eligible for an O-3 visa, with the same period of admission.
Source: USCIS, O-1 visa: individuals with extraordinary ability or achievement, checked .
O-3 status does not allow work in the United States.
Source: USCIS, O-1 visa: individuals with extraordinary ability or achievement, checked .
An O-3 holder may study full time or part time.
Source: USCIS, O-1 visa: individuals with extraordinary ability or achievement, checked .
To extend their stay, the spouse and children file Form I-539.
Source: USCIS, O-1 visa: individuals with extraordinary ability or achievement, checked .
The USCIS fee for Form I-539 is $470 on paper and $420 online.
Source: USCIS, Form G-1055 Fee Schedule (edition 10/26/26), checked .
H-1B: the H-4 status
The spouse and the unmarried children under 21 of an H-1B worker may seek admission in the H-4 classification.
Source: USCIS, H-1B specialty occupations, checked .
An H-4 spouse may apply for a work permit on Form I-765 only when the H-1B worker is the principal beneficiary of an approved Form I-140, or has been granted H-1B status under sections 106(a) and (b) of AC21.
Source: USCIS, Employment authorization for certain H-4 dependent spouses, checked .
When Form I-765 is filed together with Form I-485, the H-4 spouse writes the eligibility category (c)(9), not (c)(26).
Source: USCIS, Employment authorization for certain H-4 dependent spouses, checked .
EB-1A and national interest waiver: family
When the Form I-140 is approved, the spouse and unmarried children of an EB-1A petitioner may be eligible to apply for admission in E-14 or E-15 immigrant status.
Source: USCIS, Employment-based immigration: first preference EB-1, checked .
When the Form I-140 is approved, the spouse and unmarried children of a national interest waiver petitioner may be eligible to apply for admission in E-21 or E-22 immigrant status.
Source: USCIS, Employment-based immigration: second preference EB-2, checked .
A derivative applicant already in the United States files their own Form I-485 together with the main applicant's, while that one is pending, or after USCIS approves it as long as the main applicant is still a lawful permanent resident.
Source: USCIS, Green Card for employment-based immigrants, checked .
A family member outside the United States applies at a Department of State consulate abroad for an immigrant visa, which is called consular processing.
Source: USCIS, Consular processing, checked .
A child who passes the age limit for a child before the Green Card is approved can no longer be considered a child.
Source: USCIS, Child Status Protection Act (CSPA), checked .
The Green Card as a derivative applicant
A spouse or an unmarried child under 21 of an employment-based principal applicant may apply for a Green Card as a derivative applicant.
Source: USCIS, Green Card for employment-based immigrants, checked .
The USCIS fee for Form I-485 is $1,440 on paper and $1,390 online for an applicant over the age of fourteen.
Source: USCIS, Form G-1055 Fee Schedule (edition 10/26/26), checked .
Changes and corrections
No changes since it was first published.
Editorial status
Written by Talent Visa Journey from the official pages cited above and approved by an editor. It has not been reviewed by a lawyer or a regulated immigration adviser.
How this page was made
An AI tool wrote the first draft from the official pages linked on this page. Automatic checks then compared each statement with the text of its official source. A person named above read the figures, dates and fees and approved the page before it was published. We check the sources again every week and note every change at the bottom. This page says what the official source says. It is not legal advice and cannot say what applies to your case.